People Vs. Salison Jr..docx

People vs. Salison, Jr. G.R. No. 115690. February 20, 1996

FACTS: At around 8:00 oclock in the evening of November 30, 1990, witness Ayola saw appellant Salison approach the victim, Valmoria, who was then watching television in a store at Cory Village, Agdao, Davao City. Salison placed his arm around Valmorias shoulder and brought him behind a neighbors house where there was a mango tree. There, appellant Salison boxed Valmoria in the abdomen.

During the fistfight between Salison and Valmoria, the three other accused Andiente, Dignaran and Fediles suddenly appeared and joined the fight and simultaneously attacked Valmoria. It was then when witness Fernandez approached them that the three co-accused disappeared, leaving Salison and Valmoria behind. Fernandez was able to separate Salison from Valmoria. However, the three co-accused returned and started to maul Valmoria again, with Salison rejoining the three in assaulting the victim.

When Valmoria fought back, accused Salison, Fediles and Andiente picked up pieces of wood and started to hit Valmoria at the back on his nape, and on the rear part of his head, Valmoria fell to the ground and, upon finding a chance to do so, he stood up and ran towards his house which was a few meters away. The assailants followed Valmoria but failed to further hit the victim because Valmoria was able to hide inside his house. All of the accused shouted for Valmoria to come out but the latter refused, causing his four assailants to hit the walls and windows of the Valmoria residence. During this time, the victim remained seated inside the house. Shortly thereafter, Valmoria started to complain of dizziness and pain in his head which was bleeding at that time.

Consequently, at the request of Valmoria, his parents accompanied him to the house of witness Alcoseba, the purok leader. The victim asked Alcoseba to write down his declaration regarding the incident explaining that if he should die and no witness would testify, his written declaration could be utilized as evidence.

At the trial of the case, Alcoseba presented the written and signed declaration of Valmoria and she affirmed what was written in the declaration. After making that declaration in the house of witness Alcoseba, Valmorja and his parents proceeded to the hospital where he was X-rayed and treated for his head injuries. Subsequently, the victim was allowed to go home. However, at 4:00 oclock the following morning, he started to convulse and was rushed to the hospital. After three days there, Valmoria died. ISSUE:

Whether or not the dying declaration is admissible as evidence.

RULING: YES. What further strengthens the case of the prosecution was the declaration of Valmoria, made and signed by him right after the incident, as to who were responsible for the injuries he sustained. Appellant, however, maintains that said written statement, which was reduced into writing by witness Patricia Alcoseba and purporting to be a dying declaration, is inadmissible as evidence

since it was in the Cebuano regional language and was not accompanied with a translation in English or Pilipino. However, as correctly observed by the Solicitor General: The records do not disclose that the defense offered any objection to the admission of the declaration. Thus, the defense waived whatever infirmity the document had at the time of its submission as evidence. The declaration can be translated into English or Pilipino as it is already admitted in evidence and forms part of the record. Also, while such statement was given, as in the nature of things they are generally in oral form, they are not thereby rendered inadmissible as they may even be communicated by means of signs. If the declarations have thereafter been reduced to writing and signed by the declarant, the writing is generally held to be the best evidence, and it must be produced. More than once, this Court has taken into consideration documents written in a Philippine dialect, unaccompanied by the required translation but which had been admitted in evidence without objection by the accused. In those instances, the Court merely ordered official translations to be made. It is true that Section 33, Rule 132 of the revised Rules of Court now prohibits the admission of such document in an unofficial language but we believe that in the interest of justice, such injunction should not be taken literally here, especially since no objection thereto was interposed by appellant, aside from the fact that appellant, the concerned parties and the judicial authorities or personnel concerned appeared to be familiar with or knowledgeable of Cebuano in which the document was written. There was, therefore, no prejudice caused to appellant and no reversible error was committed by that lapse of the trial court. Also, the written declaration was duly presented during the trial and the person who reduced the victims declaration into writing was thoroughly questioned by the court and the prosecutor, and cross-examined by the defense counsel. The witness was able to explain and discuss what was written in the declaration and how she came to prepare the same. Significantly, everything written in that declaration of the victim was confirmed by the Governments eyewitnesses. Appellants argument regarding the inadmissibility of the declaration on a mere technicality would mean the loss of a vital piece of evidence that could yield the true facts and give retributive justice in the murder of Valmoria. Appellant likewise argues that the declaration made by the victim before the purok leader can not be considered as a dying declaration because it was not made by the deceased under the consciousness of an impending death. As earlier narrated, at the time the deceased made the declaration he was in great pain. He expressed a belief on his imminent death and the hope that his declaration could be used as evidence regarding the circumstances thereof. A person would not say so if he believes he would recover and be able to testify against his assailants. At all events, assuming that declaration is not admissible as a dying declaration, it is still admissible as part of the res gestae, since it was made shortly after the startling incident and, under the circumstances, the victim had no opportunity to contrive.